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Armed Forces Act 2006

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Changes over time for: Cross Heading: Insubordination etc

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No versions valid at: 01/10/2008

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Point in time view as at 01/10/2008. This version of this cross heading contains provisions that are not valid for this point in time. Help about Status

Changes to legislation:

Armed Forces Act 2006, Cross Heading: Insubordination etc is up to date with all changes known to be in force on or before 25 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Valid from 28/03/2009

Insubordination etcU.K.

11Misconduct towards a superior officerU.K.

(1)A person subject to service law commits an offence if—

(a)he uses violence against a superior officer (“B”); and

(b)he knows or has reasonable cause to believe that B is a superior officer.

(2)A person subject to service law commits an offence if—

(a)his behaviour towards a superior officer (“B”) is threatening or disrespectful; and

(b)he knows or has reasonable cause to believe that B is a superior officer.

(3)For the purposes of this section—

(a)the behaviour of a person (“A”) towards another person (“B”) includes any communication made by A to B (whether or not in B's presence);

(b)“threatening” behaviour is not limited to behaviour that threatens violence.

(4)A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed—

(a)in the case of an offence under subsection (1), or an offence under subsection (2) of behaviour that is threatening, ten years;

(b)in any other case, two years.

12Disobedience to lawful commandsU.K.

(1)A person subject to service law commits an offence if—

(a)he disobeys a lawful command; and

(b)he intends to disobey, or is reckless as to whether he disobeys, the command.

(2)A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed ten years.

13Contravention of standing ordersU.K.

(1)A person subject to service law, or a civilian subject to service discipline, commits an offence if—

(a)he contravenes a lawful order to which this section applies; and

(b)he knows or could reasonably be expected to know of the order.

(2)This section applies to standing orders, and other routine orders of a continuing nature, of any of Her Majesty's forces, made for any—

(a)part of Her Majesty's forces;

(b)area or place; or

(c)ship, train or aircraft;

but paragraph (a) of this subsection does not apply in relation to a civilian subject to service discipline.

(3)A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.

14Using force against a sentry etcU.K.

(1)A person subject to service law commits an offence if—

(a)he uses force against a member of any of Her Majesty's forces, or of any force co-operating with them, who is—

(i)on guard duty and posted or ordered to patrol;

(ii)on watch; or

(iii)under orders to regulate traffic by land, water or air; or

(b)by the threat of force he compels such a person to let him or any other person pass.

(2)A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.

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